The Treason Lobby lawsuit was premised upon the claim that racial profiling was illegal, which it is not. EvenEric Holderhas admitted it in the past.( “Although the use of that information may not be unconstitutional, broad targeting of discrete groups always raises serious fairness concerns.” DOJ Guidance to law enforcement,PDF, December 8, 2014]) But while the judge in this case seemed to know that, the Department of Justice attorney defending the Border Patrol apparently didn’t: